IN THE CASE OF:	  

	BOARD DATE:	  8 July 2008

	DOCKET NUMBER:  AR20080007030 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show he was awarded the Combat Infantryman Badge (CIB) instead of the Combat Action Badge (CAB) and that he contributed to the MGIB. 

2.  The applicant states that he was awarded the CAB in place of the CIB because when he and other infantry Soldiers were called to active duty, he and others were attached to an artillery unit and that he and others did not have a choice in this attachment.  He further adds that he was told that he met the requirements for the CIB on numerous documented occasions and was assigned to an infantry squad size or larger.  He also states that after reading the CAB citation, it is easy to conclude that he qualified for award of the CIB.  

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Forms 214 (Certificate of Release or Discharge from Active Duty), dated 23 April 2004 and 16 August 2007.

	b.  Department of Veterans Affairs (DVA) letter, dated 7 March 2008, certifying the applicant’s entitlements to receive VA benefits under the MGIB.

	c.  Copy of Citation, showing the applicant was awarded the CAB.

	d.  Unsigned self-authored Sworn Statement. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he enlisted in the U.S. Army Reserve (USAR) on 9 March 1998 for a period of 8 years under the Delayed Entry Program (DEP).  The applicant's DA Form 3286-66 (Statement of Understanding, United States Army Incentive Enlistment Program) states in paragraph 1a that he enlisted for, in addition to the US Army Training Enlistment Program, a $12,000 Cash Bonus.  His DD Form 2366 (Montgomery GI Bill Act of 1984), dated
9 March 1998, shows he was enrolled in the MGIB.  

2.  On 24 April 1998, the applicant enlisted in the Regular Army for a period of four years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  The highest rank/grade he attained during this period of military service was specialist (SPC)/E-4.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 23 April 2002.

3.  On 5 May 2005, the applicant was ordered to active duty in support of Operation Iraqi Freedom.  He entered active duty on 4 September 2005 and subsequently served in Iraq from 2 April 2006 to 14 July 2007.  He was assigned to B Company, 1st Battalion, 161st Field Artillery.  He was honorably released from active duty on 16 August 2007 for completion of required active service.

4.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 16 August 2007, shows he was awarded the Army Commendation Medal (2nd Award), the Army Achievement Medal (3rd Award), the Army Good Conduct Medal (2nd Award), the National Defense Service Medal, the Global War on Terrorism Service Medal, the Iraq Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Armed Forces Reserve Medal with “M” Device, and the Combat Action Badge.  Item 13 does not show award of the CIB.    

5.  The applicant was awarded the Combat Action Badge for actively engaging and being engaged by the enemy on 3 September 2006 in Iraq.  He submitted a copy of his citation, issued and authenticated by the Commander, Headquarters, 1st Battalion 125th Field Artillery.  The citation cited the following reason:

On the morning of 3 September 2006, [Applicant] was serving as the TC in a M1114 HMMWV while conducting route security in Scania area of operations.  At approximately 0245, the patrol came under attack from small arms fire from both sides of MSR Tampa.  After his gunner made positive identification on the enemy position, he ordered him to return fire on the enemy.  As the patrol crossed over to the northbound lane, they received 7 rounds of indirect fire and three RPG rounds.  For this action, [Applicant] has been awarded the Combat Action Badge.  

6.  The applicant also submitted a self-authored, unsigned and un-witnessed sworn statement, in which he states that on 19 April 2007, he and two other Soldiers were on standby for the mortar tubes in case of enemy activity.  Upon receipt of information regarding possible enemy action at a mortar site, he was instructed to man the mortars for a possible counter battery mission.  Upon confirmation from their chain that the enemy was setting up a mortar system for an indirect fire attack, he and the other two Soldiers fired an initial volley of three high-explosive (HE) rounds.  After a follow on adjustment to the proximity setting and a total of 22 HE rounds, the mission was ended, resulting in two enemy individuals killed in action and one wounded, and the target destroyed.

7.  The applicant submitted a copy of a DVA letter, dated 7 March 2008, that certifies he is entitled to receive VA education benefits under the MGIB-Active Duty, Educational Assistance Program, for enrollment and pursuit of any course, program, or approved institution, for a period of 36 months, that must be used before 17 August 2017.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

9.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.
DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant’s entitlement to the MGIB benefits, the evidence of record shows that the applicant was enrolled in the MGIB as evidenced by his DD Form 2366, dated 9 March 1998.  Furthermore, the DVA letter, dated 7 March 2008, clearly certified the applicant’s entitlement to pursuit of any course, program, or approved institution, for a period of 36 months that must be used before 17 August 2017.  This is a clear indication that the applicant did in fact contribute to the MGIB.  Therefore, there is no corrective action required regarding the MGIB. 

2.  With respect to the applicant’s award of the CIB versus the CAB:

	a.  the applicant’s, unsigned self-authored sworn statement was noted.  Furthermore, the applicant evidence of record shows that the applicant held an infantry MOS and engaged the enemy during his service in Iraq.  However, there is no evidence in the available records and the applicant did not provide substantiating evidence that shows he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size (emphasis added); and

	b.  the applicant was assigned or attached to a Field Artillery unit during his service in Iraq.  He performed his assigned duties in an area where hostile fire pay or imminent danger pay is authorized; he was personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement; and was not assigned or attached to a unit that would qualify the Soldier for the CIB.  Therefore, he received the appropriate award for his action.  

3.  In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy that requirement.  Therefore, the applicant is not entitled to relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


								XXX
      _______________________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080007030



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ABCMR Record of Proceedings (cont)                                         AR20080007030



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